COMHAIRLE CHONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF TALLAGHT AREA COMMITTEE 2
Monday, February 27, 2006
QUESTION NO. 2
QUESTION: Councillor J. Neville
"To ask the Manager for an up to date report on enforcement action against the owner of *details supplied and will the Manager please note that four more caravans have now moved in to this location and will the Manager make a statement on the issue?"
REPLY:
An Enforcement Notice pursuant to Section 154 of the Planning and Development Act, 2000 issued to the owner of the above lands on 6th January 2004 requiring that within a period of one month from the date of the Notice that the hard standing be removed and that the use of the lands for a car sales business cease.
As the Enforcement Notice was not complied with, legal proceedings under Section 154(8) of the Planning and Development Act 2000 were initiated. The matter came before the Dublin District Court on 14th December 2004. However, the case was Struck Out due to a difficulty in serving a summons on the owner/ occupiers of the land.
Further investigations have been carried out by Planning Enforcement, including an inspection of the lands on 21st September 2005, during which the Planning Inspector noted that the area of hard standing had been removed.
The lands were reinspected on 17th February 2006. The Planning Inspector has reported that on the day of inspection there were 4 no. caravans/mobile homes had been placed on the lands and were in use as dwellings. There were also 7 no. vehicles parked on the lands. The entire curtilage of the dwelling was set out in hard surface/ black-top and was in use for the parking of caravans and motor vehicles.
As a result of the difficulties experienced in relation to previous enforcement action on the above lands, a decision has been made to initiate further enforcement action against the registered owner of the lands pursuant to Section 160 of the Planning and Development Act, 2000. The co-operation and assistance of the Gardai have been sought in this regard.
Accordingly, a Warning Letter pursuant to Section 160 of the Planning and Development Act 2000 will be served on the registered owner of the lands in relation to (i) the placing of caravans/ mobile homes on the lands and their use as dwellings (ii) the setting out of the entire curtilage of the dwelling in hard surface and its use for the parking/storing of caravans and motor vehicles.
The Councillor will be kept informed as the investigation of these lands progresses.